Law of Maintenance – Sec. 2(2) of the Act – Cases and Materials

Law of Maintenance – Sec.2(2) of the Maintenance Act – discussed – maintained by the respondent – sufficient means

“When going through the aforementioned provision, it can be identified that in a maintenance application, filed before a Magistrate seeking a maintenance order, the discretion to decide the maintenance allowance for the children is vested upon the Magistrate who acts under the above provision. In addition to this, there is a requirement under the section 2 (2), of the Act, such person against whom the maintenance order is made should have sufficient means to maintain his or her child and then neglects or refuses to maintain the child as the case may be.”

IN THE SUPREME COURT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF
SRI LANKA

Chandani Jayasinghe v. Neelahenndi Sisira Kumara De Silva
SC Appeal 203/2015

Decided on 26.06.2020

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